Gay marriage policy change: Questions and answers

A. The legal case against DOMA was difficult to make before states began recognizing gay marriage. But last year, U.S. District Judge Joseph Tauro in Massachusetts ruled DOMA unconstitutional in the face of challenges by same-sex couples as well as the state of Massachusetts. Two new federal lawsuits in Connecticut and New York raise many of the same issues.

Q. What has the Supreme Court said about DOMA?

A. Nothing, so far. The court has turned down appeals asking it to weigh in on the law. But those appeals were filed after lower courts upheld DOMA. The court often hears appeals when a federal law has been struck down. There is no timetable for when the next DOMA case might reach the Supreme Court.

Q. Are the DOMA and Prop 8 cases in California alike?

A. Yes and no. They both deal with the same basic issue: Does the government have a legitimate interest in preventing gay couples from getting married and enjoying the same benefits as other married couples? But the details differ and eventual Supreme Court review of one or the other would not necessarily produce identical results. The Prop 8 case probably would ask the court to decide whether gay marriage should be a right nationwide. In DOMA, the court could strike down a portion of the law without forcing states to recognize same-sex marriages. Of course, until appeals come forward and the court agrees to hear them, this is all speculation.